Opinion
2017–07371 Docket No. O–14888–15
02-06-2019
In the Matter of Rose ZOU, Respondent, v. MING QIAO ZHANG, Appellant.
Etta Ibok, Brooklyn, NY, for appellant. Beth E. Goldman, New York, N.Y. (Amanda M. Beltz of counsel), for respondent.
Etta Ibok, Brooklyn, NY, for appellant.
Beth E. Goldman, New York, N.Y. (Amanda M. Beltz of counsel), for respondent.
WILLIAM F. MASTRO, J.P., HECTOR D. LASALLE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERORDERED that the order of protection is affirmed, without costs or disbursements.
The petitioner commenced this family offense proceeding, alleging that the appellant had committed various family offenses against her. After a fact-finding hearing, the Family Court found that the appellant committed acts constituting the family offenses of harassment in the first degree, harassment in the second degree, disorderly conduct, assault in the third degree, menacing in the third degree, sexual misconduct, and sexual abuse in the third degree. The court then issued an order of protection, inter alia, directing the appellant to stay away from the petitioner until and including June 22, 2022.Here, where the Family Court determined that the petitioner established, by a fair preponderance of the evidence, that the appellant committed acts against her constituting the family offenses of harassment in the first degree, harassment in the second degree, disorderly conduct, assault in the third degree, menacing in the third degree, sexual misconduct, and sexual abuse in the third degree (see Penal Law §§ 120.00, 120.15, 130.20, 130.55, 240.20, 240.25, 240.26 ; Family Ct. Act § 812[1] ), the issuance of an order of protection against him was warranted (see Matter of Atanmo v. Richards , 144 A.D.3d 1023, 1023–1024, 41 N.Y.S.3d 128 ; Matter of Niyazova v. Shimunov , 134 A.D.3d 1122, 1122–1123, 23 N.Y.S.3d 277 ). The court found that the petitioner's testimony that the appellant, inter alia, engaged in sexual intercourse with her without her consent, dragged her, and slapped her, in addition to grabbing her by the neck and attempting to engage in sexual intercourse with her without her consent on other occasions, was credible, and we discern no basis to disturb its determination (see Matter of Lang v. Dolphy , 128 A.D.3d 700, 6 N.Y.S.3d 497 ; Matter of Wissink v. Wissink , 13 A.D.3d 461, 787 N.Y.S.2d 60 ).
The appellant's remaining contention is without merit.
MASTRO, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.